The Highland Regional Council (Abhainn Shlatach) Water Order 1988

Article 2

SCHEDULE 1

The works referred to in this Order and shown on the deposited plan marked “The Highland Regional Council (Abhainn Shlatach) Water Order 1988 Plans and Sections of Works” are—

Work No. 1	A weir with lowest still level 38.5 metres or thereby above Ordnance Datum situated at a point 350 metres or thereby due west of the Stage House Inn, Glenfinnan.
Work No. 2	Pumping chambers and a chamber incorporating an intake and approved gauges immediately to the north east of Work No. 1.
Work No. 3	A discharge pipe to give residual flow in the Abhainn Shlatach situated adjacent to the downstream junction of Works No.1 and 2.

Article 3

SCHEDULE 2

The provisions of Schedule 4 to the Act referred to in, and as modified and adapted for the purposes of, this Order are—

SECTION 2 In the construction of the works the Council may deviate laterally to any extent not exceeding the limits of deviation shown on the deposited plan marked “The Highland Regional Council (Abhainn Shlatach) Water Order 1988 Plans and Sections of Works” and they may also deviate vertically from the levels shown on the last mentioned plan to any extent:

Provided that—

(a) no weir across a watercourse shall be constructed at a greater height above the general bed level of the watercourse than that shown on the last mentioned plan and 100 millimetres in addition thereto; and

(b) except for the purpose of crossing a stream or watercourse, or of crossing any lands where the consent of all persons interested in those lands has been obtained, no pipe or other conduit or aqueduct shall be raised above the surface of the ground otherwise than in accordance with the last mentioned plan.

SECTION 10(3) If the Council—

(a) fail to install or maintain in good order any such gauge as is mentioned in the Highland Regional Council (Abhainn Shlatach) Water Order 1988, or refuse to allow any person interested to inspect and examine any such gauge or any records made thereby or kept by them in connection therewith or to take copies of any such records; or

(b) take any water contrary to the provisions of the Highland Regional Council (Abhainn Shlatach) Water Order 1988, they shall, without prejudice to their civil liability, if any, to a person aggrieved, be liable, in the case of an offence under paragraph (a) of this subsection, on summary conviction to a fine not exceeding level 3 on the standard scale and, in the case of an offence under paragraph (b) of this subsection—

(i) on summary conviction, to a fine not exceeding the statutory maximum; and

(ii) on conviction on indictment, to a fine.

SECTION 10(4) For the purposes of the Highland Regional Council (Abhainn Shlatach) Water Order 1988, a fishery district board shall be deemed ffi to be interested in the flow of water in any stream within their fishery district or any stream feeding such a stream and shall be deemed to be aggrieved by the commission of an offence under the said Order in relation to any such stream.